Denmark may head for referendum on EU Patent Court
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(COPENHAGEN) - Denmark may hold a referendum on the EU's new Patent Court, an opposition politician said Monday, meaning that the new body could go ahead without Danish participation.
A referendum seemed a more likely scenario after the Danish People's Party apparently failed in an attempt to get immigration concessions from Prime Minister Helle Thorning-Schmidt in return for its support for Danish membership of the court.
"I have not heard from the prime minister by the deadline, so we'll be having a referendum," Danish People's Party leader Kristian Thulesen Dahl told national broadcaster DR.
The Unified Patent Court is designed to be a Europe-wide institution that will issue patents across all countries of the European Union.
This will mark a departure from the current situation, where a company has to apply to the national patent office of each EU member.
Thulesen Dahl said he had offered the prime minister a negotiated settlement on the Patent Court, provided that his party was given concessions on "welfare tourism" - the practice of immigrants arriving in Denmark and immediately being able to receive benefits.
Denmark's justice ministry has determined that joining the EU's Patent Court is a devolution of sovereignty to a foreign power.
Under the Danish Constitution, such a devolution requires a five-sixths majority in parliament or a referendum.
Since both the anti-immigration Danish People's Party and the leftwing Red Green Party are against the Patent Court, the government would not be able to muster the required majority.
"We sought to get influence on an issue that we feel is very important, that of welfare tourism, by offering a deal. The prime minister has not wanted to take that offer," Thulesen Dahl said.
"We will be advising Danes to vote against joining the court in a referendum."
Even if a referendum results in a Danish rejection, the Patent Court will move ahead anyway, just without Danish participation.
It was not clear when a referendum would be held. The Patent Court issue is now to go through parliament, and failing the required majority, a plebiscite will be held.
In her opening speech to parliament, Thorning-Schmidt said that if a referendum were to be held, it could be called at the same time as the European Parliament elections on May 25, 2014.